BGH: No Letting Commission for Property Managers in Residential Real Estate
German Federal Court of Justice (BGH), Judgment of 21 May 2026 – I ZR 224/25
September 09, 2026
BGH: No Letting Commission for Property Managers in Residential Real EstateGerman Federal Court of Justice (BGH), Judgment of 21 May 2026 – I ZR 224/25September 09, 2026 What is this about?An owner had entrusted a property manager with 129 residential units for management. The property management agreement provided, in addition to ongoing remuneration, for a letting commission of two months’ cold rent per new lease. The property manager concluded 13 new lease agreements as part of their activities and invoiced a total of EUR 16,815.71. After termination of the contract, the owner demanded reimbursement – successfully. What did the BGH decide?
Where are the limits?The decision relates exclusively to the management of residential real estate. Condominium administrators (WEG-Verwalter) and property managers for commercial real estate remain entitled to commission. Recommended next stepsReview contracts: Does your management or property management agreement contain a letting commission for residential units from the managed portfolio? Review reimbursement claims: Have such commissions been paid in the past? If so, a reimbursement claim exists – the statute of limitations must be observed. Adjust remuneration models: Property managers who handle re-letting of residential units should reflect their services in the ongoing management fee – not through a separate commission. Termination risk: Property managers for whom the letting commission forms the basis of their business model may be entitled to extraordinary termination despite a fixed term. Practical significanceOwners of institutional residential portfolios, asset managers, and property managers must review, adjust, and renegotiate their management and property management agreements. The continuation of arrangements that include a letting commission poses a commercial risk for both the owner and the manager/property manager. We would be happy to assist you with this. Latest Insights
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